Section 63D Ex parte orders: Part 4AF1

(1)

The court may, in any case where it considers that it is just and convenient to do so, make a forced marriage protection order even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court.

(2)

In deciding whether to exercise its powers under subsection (1), the court must have regard to all the circumstances including—

(a)

any risk of significant harm to the person to be protected or another person if the order is not made immediately;

(b)

whether it is likely that an applicant will be deterred or prevented from pursuing an application if an order is not made immediately; and

(c)

whether there is reason to believe that—

(i)

the respondent is aware of the proceedings but is deliberately evading service; and

(ii)

the delay involved in effecting substituted service will cause serious prejudice to the person to be protected or (if a different person) an applicant.

(3)

The court must give the respondent an opportunity to make representations about any order made by virtue of subsection (1).

(4)

The opportunity must be—

(a)

as soon as just and convenient; and

(b)

at a hearing of which notice has been given to all the parties in accordance with rules of court.

Annotations

Textual amendments

F1: Pt. 4A inserted (25.11.2008 except in regard to the insertion of s. 63N) by Forced Marriage (Civil Protection) Act 2007 (c. 20), ss. 1, 4(2); S.I. 2008/2779, art. 2(a) (as amended (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11))